Statutory flex working request - problems

[Queenioqueenio]

I've made a flex working request in writing. I don't want to reduce hours I want to work from home 1 day a week. I have the facilities to do this and have my work could be done from home.
Problems I've encountered so far:
I've been told it's not a statutory request as I'm not changing hours, therefore they don't have to treat it as such.
Suspicion that they request is to do childcare 'by stealth' as request was made at school holiday time (it 100% is not for this reason). I have full childcare in place.
My union said make the request under equality act as this would strengthen case- HR have taken exception to this and are taking the line if you are so ill you need to reduce hours.
HR are picking holes in the reason I gave for making the request.
What the hell do I do? I feel the company are most definitely not playing fair and abiding by the law. TBH I feel like throwing the towel in. Please can anyone advise on best way to proceed?

Why do you want to work from home one day a week? I assume to cut down on the commute either side of the working day?

Flexible working does include requests of working from home.

I don't understand the part you've written about being ill...can you rewrite that?

Making the request under the "equality act" - how are they suggesting you do that? Just to state it as such?

Ultimately your company can choose to follow employment legislation in regards to FWRs or not, that's their risk to take.

Yes the commute is long and I have a long term condition for which I have appointments for. Flex working would allow me manage fatigue and time for appts better.
HR have homed in on the health aspect, using remarks such as 'if you are ill you should be asking to reduce hours not work from home'. Which I know would not be agreed BTW. They are shifting the focus of a relatively straight forward request and not giving a decision on the actual request.

'if you are ill you should be asking to reduce hours not work from home'.

The person best placed to judge how best to balance your health and your need to earn a living is you yourself. HR need to be reminded of this - perhaps they need a bit more training.

It is perfectly obvious that a regular day working from home will enable you to maintain full time working whilst reducing the additional demands of commuting and also giving you the flexibility to schedule medical appointments for times that you can easily get to during your lunch break rather than taking time off work, hence increasing your working efficiency.

Put that lot in a reply back and reiterate that your request is a formal request that it is your statutory right to make and helpfully include in your letter this link: www.gov.uk/flexible-working and point out that it helpfully lists working from home as the second item in a list of types of flexible working in section 2 and gives them a list of allowable reasons to decline in section 4, none of which seem to apply in this case to the best of your knowledge.

Do you mean you have a disability and your union is suggesting you request this as a reasonable adjustment?

Do you have any medical recommendations that working from home would be beneficial for your condition in terms of enabling you to continue working?

Flowery - yes. Initially i didn't want to make this about my disability I thought it was a reasonable request on its own.
I don't have anything in writing from hospital etc that would support the request. But is don't see why they wouldn't give me something if I asked.
I would prefer the employers to consider it for all of my reasons given not just the health aspect.

I was under the impression that from 2014 any employee could make a request for flexible working and isn't obliged to disclose the reason for the request. The employer then has to prove the request is detrimental to the business or approve the request...

Have I misunderstood?

What makes you think you might have misunderstood flippy?

OP yes it's a perfectly reasonable request on its own. There's a dual problem really, there's the fact that they haven't followed the required procedure (and I presume your union is helping you appeal on that basis?), but there's also the problem that even if they put the procedure "right", it seems unlikely they will agree the request. They'll just eventually go through the proper procedure and construct some business reasons for refusal that fit within the allowed criteria.

On that basis, if you can simultaneously get some medical evidence that your request is a "reasonable adjustment" for a disability under the Equality Act, that might make them more inclined to agree it. The prospect of a disability discrimination claim is much more scary than a "haven't followed correct flexible working procedure" claim...

Hi I'm being steered towards a reduction in hours under the guise of OH need to assess whether you are fit to perform the role!
I actually can't believe how this is turning out, I've said I'm not getting OH involved or signing anything to reduce my hrs. I wonder if a hospital letter would be good enough as I don't trust HR or OH after all this?
They haven't given me a final / formal answer yet any further advice on how to proceed would be gratefully received.

If you're making noises about working from home being necessary for your health/disability, you're not going to look very reasonable if you refuse to engage with occupational health to be honest. If you are saying things that are raising concerns about whether you need reasonable adjustments because of your disability, it is perfectly reasonable and sensible for them to want an occupational health opinion on your condition as it relates to your work, and on what if any reasonable adjustments might be necessary.

They have an obligation to you including a legal obligation to make reasonable adjustments in respect of a disability, and an occupational health referral is the sensible thing for them to do.

Get your letter from the doctor at the hospital and see what they say - it will at least add weight to your own personal view that the arrangement you are requesting will help you. I would advise you to cooperate with OH as well, but armed with your hospital recommendation. The doctors at the hospital know more about your medical condition than OH do, and with any luck OH will take that very much into consideration - no reason to assume they wont.

Thanks- can they make me go part time against my wishes though? If OH report that I 'need' a reduction in hours?
I don't trust them going off past behaviour.

Not easily no, if you are not being signed as medically unfit to work full time by your own doctor.

Where is your line manager in all this? You mention HR a lot, but changes in hours would normally be line managers responsibility/decision, not HR. Do you have reason to believe your manager wants you to reduce your hours? Seems unlikely HR would have that "agenda"?

I've spoken to my team manager. She is prepared to offer on a 6 wk temp basis without any further involvement from HR and then review it. She has said she's surprised at their stance on this, which has reinforced my point about not wanting to take through OH.
I am very cross as what is a reasonable request (and within the law) has been turned into a 'threat' to reduce hours. Wow - I should start looking for a new job.

Your line manager needs to be far more involved. HR are there to advise and ensure procedure is followed, they are not there to decide whether a flexible working request should be agreed or not.

If your line manager is supportive of you, she should be dealing firmly with HR on your behalf, telling them that you will be doing this on a 6 week trial basis and asking them to confirm that in a letter. She should also be firmly telling them that your role is full time and she will not be agreeing any proposal they put to her that your hours will be reduced.